The Minton Papers #FQ
Judge tells Scientologists to give evidence to family of dead woman

Feb 26, 2000 - 01:01 AM

By GARY SPROTT

TAMPA - The family of Scientologist Lisa McPherson will be
allowed to see the new evidence that helped convince a
medical examiner to amend her autopsy report on McPherson,
a judge ruled Friday.

Pasco-Pinellas Medical Examiner Joan Wood kfiled an
autopsy report last week finding McPherson's death in
December 1995 accidental rather than undetermined, as Wood
originally reported. Medical experts hired by the Church
of Scientology provided most of the fresh evidence and
test results Wood reviewed.

Hillsborough Circuit Judge James S. Moody Jr., who is
presiding over the McPherson family's wrongful death
lawsuit against the church, gave the church three weeks to
turn over copies of that new material.

The ruling was strongly opposed by attorneys for the
church who said the information is exempt from release
because it's part of an ongoing criminal investigation.

McPherson, 36, died following a prolonged stay at the
church's spiritual headquarters in Clearwater.
Pasco-Pinellas prosecutors say the 13-year Scientologist
was force- fed unprescribed medication and forcibly
restrained during her stay.

Church officials have been charged with practicing
medicine without a license and abusing a disabled adult.
The church faces a maximum fine of $15,000 in the case.
However, prosecutors say they will consider dismissing the
charges in light of the amended autopsy.

Wood removed wording on her original report that said the
blood clot that killed McPherson was caused by bed rest
and severe dehydration. She added wording indicating that
psychosis and a recent car wreck contributed.

Wood's attorney has said the medical examiner is required
to consider all new evidence.

Church officials disputed Wood's original report. They
noted that her former associate, who performed the
autopsy, also eventually concluded McPherson's death was
accidental.

Tampa lawyer Ken Dandar, who is representing the McPherson
family, said he can't force Wood to turn over the new
evidence. He asked Moody to compel the church to provide
copies.

But Michael Lee Hertzberg, an attorney for the church,
said Dandar was simply trying to mine the criminal case
for information.

Moody said that because the church provided the documents
to Wood -a potential witness in the wrongful death case -
it must also give them to the family.

Hertzberg tried again, asking the judge to at least place
a hold on the release pending developments in the criminal
case.

No, Moody replied.

Hertzberg later tried a third time, saying he was ``urging
... imploring'' the judge to reconsider.

``I reconsidered it,'' Moody said, ``and I'm not changing
my mind.''

Attorneys for the church say the amended autopsy
undermines the wrongful death lawsuit, which is scheduled
to go to trial in June.

Dandar disagrees. Wood still lists severe dehydration as
part of the final diagnosis, he said, and that shows
McPherson was mistreated during her stay.